>> and a chef is known for love of cuisine and cars and often spiky hair. the host of drivers and diners and dives, cautioning off for charity. a corvette. and a design similar to the classic convertible he drives on television and this sold

for $270,000, the nascar team owner rick hendrick and all of these he proceeds go to his foundation, kicking with kids. >> next week, i'm going to do my hair like that. >> and blond, platinum. why not. >> thank you for joining us. >> america live starts right now. >> megyn: a fox news alert on a quick update by the americans held hostage in the sahara desert. the reports that they want to exchange the american hostages for two islamic militants held in the united states, including this man, remember him? we just talked about this, sheik abdel-rahman, and one of the most notorious in the u.s. prison system, a life sentence in north carolina for helping

to plan the first attack on the world trade center back in 1993. that bombing killed six people and injured more than a thousand and there have been all sorts of discussions how they wanted this man back. remember, mohammed morsi, the egyptian president came out publicly and said he was going to press president obama for this personally and the white house didn't explicitly respond, but said prior they did not plan on releasing the blind sheik, but morsi said maybe we'll press for visitation or humane conditions for him. egyptians took to the streets in protest about the blind sheik's imprisonment back in september and a cause for them, and now we find out the algerian hostage takers-- the al-qaeda-linked hostage takers in algeria want him released if they're going to release u.s. citizens. we'll go to the pentagon and colonel oliver north joins us with the disturbing twist on

the story. and another fox news alert. the white house in an ugly report about the group tasked with helping to fix our employment crisis which we are still in the middle of, welcome to "measured mesh -- america live kw. a way to get leaders together on this crisis, 23 million americans either unemployed or underemployed. now, today there have been somewhat downward revised to 21, but it's now been more than a year since the jobs council that's suppose today help the people last held a formal meeting and ed henry, our chief white house correspondent is live on the white house on the north lawn, ed? >> good to see you, that jobs council incop council, jeff immelt. the president noted this would be a key advisory panel and helping with ideas to deal with the jobs crisis and officials are down playing the

fact that they have not met in a year by saying that the president has found a lot of other ways to have outreached to business leaders as you know, since the election in particular and he has met with dozens of ceo's and business leaders and talking about the fiscal cliff and the debt ceiling debate coming in the weeks ahead and you'll remember at a previous jobs council meeting, the president made a comment that back fired on him and to what jay carney said about the president and the economy. >> shovel ready was not as shovel ready as we expected. >> the reelection was in some ways for all of us here, you know, a humbling experience because it was an assertion by the electorate to said despite how hard the last four years have been on this country

because of the great economic crisis that we were in when the president took office, that the steps that we've taken have been the right steps, and more work needs to be done. >> more work needs to be done. when you talk to the president's top advisors, they say he wants to act quickly after the inaugural address and state of the union coming up in february to work on key domestic issues like immigration he reform, like gun control that he's been talking about throughout this week, but he realizes as well, they say, that he's got to keep his eye on the ball in terms of the economy, the jobs crisis, even though unemployment has gotten a little better in recent months, it's still obviously a very, very difficult situation all around the country, megyn. >> megyn: sure is and thanks. also from washington, fox news confirmed today that the team that got president obama elected twice has now reorganized itself into a powerful new political force, pulling strings and twisting arms in an effort to push through mr. obama's second term agenda. the organization led by

familiar faces including robert gibbs, campaign manager jim messina, david axlerod and stephanie cutter and hear that drumming up support for gun control will be the team's first project. and welcome to the program, this is what team obama does very well, campaigning, and that now the approach to governing is going to be an extension of the campaign. in what way? >> well, no what you said is exactly right. when you think about it essentially ten years ago when the president started running for the senate seat that he first held, he's been in campaigning mode for about eight of those years. the only break he took was essentially the first twoors when he focused on the senate and moved into the 2008 campaign and essentially been preparing for the 2012 campaign. so as you said, this is what they do best. they've had problems dealing with congress in terms of just

the regular sort of straight, you know, negotiations in getting things there, but he's very good at campaigning and his team is very good at campaigning and figure they'll go, essentially, around congress and try and put pressure from the ground through, the way they've done on the tax issue that we just saw. >> megyn: that's interesting, they've sort of been avoiding congress because president obama has been hinting at this for some time. when he has pressure, why aren't you reaching out more, why don't you glad-hand and have a game of golf and form relationships so things can get done and be the bigger man. he sort of said, well, you can't deal with those guys, the house republicans, tough to deal with those guys, they're not going to talk to me and what i need to do go directly to the american people, he think that's how he achiefs success. and this group will go directly to the american people because they have millions and millions of e-mails and contacts for them. >> they've built the best

campaign machine we've ever seen and tops president clinton arguably the best before in campaign history. and they have the e-mails and social media things they do, they-- a lot of that is about information gathering, they're able to get the names of people and access them directly, essentially going around you and me and the press to tell these people exactly what they want them to hear and we saw in the tax debates and a couple of the debates offer the last couple of years, it president obama has repeatedly gone to people and said, and the white house to send out the e-mails to people, saying, hey, i need you to call your lawmakers, need you to call your senators and tell them how you feel. they're hearing from special interest groups, but not hearing from you. that's exactly the pitch he made the other day on guns and it's what the group is all about. >> megyn: it makes me wonder whether the people on president obama's e-mail list are the people who are likely to call their republican congressmen in the house and say, go with barack obama on

gun control. i mean, there's -- a question how effective it will be in terms of just campaigning on an issue as opposed to campaigning to get enthusiasm to back a candidate at the polls, is there not? >> yeah, absolutely. two things about that, there are going to be a number of red, democratic senators in particular in red states up for reelection in 2014, and how does this group handle that? does this group target them? are those votes in the senate, have to get 60 in order to overcome a filibuster. those will be critical to anything getting through the senate. does this group target them? we'll have to wait and see and that's a tough decision and if they do, you'll have a problem with the democratic party. >> megyn: yeah, quickly. >> the second thing is just, running campaigns after the campaign, isn't always a very successful thing. president bush tried it in 2005 and went through the 2004 campaign not talking about social security, came out of that and tried to run a campaign on his private account for social security, and it failed miserably and the attention level is just not there.

it's tough to run a campaign when you're not actually in a campaign running for reelection. >> megyn: yeah, it's tough to do it when you're the president and if these are the top emissarieemissaries, are thg to take a hard line on gun control and the president's emissary, we'll have to wait and see. thank you. >> my pleasure. >> megyn: as the gun control debate takes shape we are getting an eye opening look at the tactics that some are using to gain support for their side. including some scathing attack ads. one in particular, that targets a democratic lawmaker out of georgia, who ran for reelection as a second amendment supporter. here is part of his 2012 campaign ad. >> i'm john barro, and long before i was born, my grandfather used this smith & wesson here to help stop a lynching, and for as long as i can remember, my father always had this rifle real handy. just to keep us safe. and that's why i support the

second amendment. >> now take a look how that ad was edited in a new spot from an anti-gun group. >> i'm john barro, breaking news, there's been a shooting at a school. >> long before i was born-- >> 20 children, children. >> targeted. >> my grandfather used this little smith & wesson here. >> beautiful little kids between the ages and five and ten years old. >> megyn: wow, and that was just the start of how this group changed this man's ad. we'll show you the whole thing next hour and we will debate whether this is fair and whether this is where this gun control debate is about to go. plus, new concerns today that politics is getting in the way of the super storm sandy cleanup, but 60 billion in taxpayer relief, 60 billion goes straight to some labor unions and bypasses local businesses that could also use the work, but don't happen to be unionized. we'll talk about one of the builders having to fight for a piece of the pie in this tough economy. why are we requiring that

these contracts go to union shops? shouldn't we be getting the cheapest deal we can with the taxpayers' money? we'll talk about it. justice is served after a disturbing attack at a train station is on surveillance. real concerns how long it took police, after the suspect. and lance armstrong came clean with oprah, or did he, and he knows exactly how to look at somebody and see if they tell the truth about something, he's going to look at lance armstrong and manti te'o. ♪ you're my favorite mistake ♪ ♪ you're my favorite mistake ♪ uo thine customers! [old english accent] safe driver, multi-car, paid in full -- a most fulsome bounty indeed, lord jamie. thou cometh and we thy saveth!

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>> want to clarify our story from the top of the hour where

we were talking about the blind sheik and how now the hostage takers in algeria are saying we'll release the americans if we get the blind sheik out of prison in north carolina. want to let now we showed the wrong picture. this is the blind sheik, the guy we showed is apparently the hostage taker, he's missing an eye. this guy is blind in both eyes, in any event we got confused. this issed blind sheik and the one they want out of north carolina. more with that with ollie north in a bit. and politics could be getting in the way of super storm sandy cleanup and costing the taxpayers more money than necessary as the new jersey state senate passes a bill for the release some the funds, and passing up cheaper options that could also use the work. herbie, thanks for being here. >> thank you. >> megyn: apparently in new jersey they already have

something on the books that protects funds and make sure that the funds go to the unions groups and didn't cover highways, bridges, pumping station and water treatment plants and now they say it's covered. now if you want to clean up from super storm sandy in new jersey you have to use the union, is that right. >> the state of new jersey is promoting the use of what's called a project labor agreement which is going to push contractors to force -- to be forced to use union only workers on the contract and that's going to preclude about 77% of contractors in new jersey who elect and choose not to be nonunion, and they will be discriminated against. >> megyn: this is passed in the senate along party lines and what will be the consequence this have to the new jersey -- well, to the taxpayers who are funding the relief and the u.s. taxpayers, in total 60 billion dollars of aid to hurricane sandy

victims. >> well, when you reduce compensation by 77%, it's definitely going to increase cost, increase the cost of reconstruction, it's going to reduce the amount of projects that can be corrected due to hurricane sandy and it's going to be higher casts for the new jersey taxpayers, it's a lose-lose all around. >> how is your business affected? >> we're an open shop company and we do a lot of projects for the public sector and federal government sector and precluded from participating and bidding in this work. so, certainly, we're not in favor of project labor agreements of any sorts. we believe in open competition for everybody. >> do you tend to be cheaper than the union shops? sometimes we see that because the unions, next be pretty expensive for companies, given their, you know, their labor agreements and all the things that they manage to extract from management. >> well, the fact is that when a project is thoroughly funded, we already have to pay davis bacon wages, based off

of union wages, there's no needs to add additional restrictions that forces contractors to use union-only labor. it should be be open to everybody. >> megyn: so then you wouldn't be cheaper, is that what you're telling me, you you would be no cheaper than a union shop, why wouldn't they give preference to the unions if that's the way the state leans? >> well, because the competition is going to be reduced. even though we pay the same rates as union contractors would pay, simply by reducing the amount of competition, you're going to have fewer contractors pursuing the same amount of work and basic economics when you have fewer people pursuing the same work, the costs go up. >> is this likely to be signed into law by governor chris christie, not exactly a pro union guy? >> we certainly hope that christy will not sign it into law. that we'll be pushing for christie for any project

hurricane sandy relief. >> megyn: we'll be watching it. thank you for being here. >> thank you. >> megyn: new poll numbers raising serious questions when it comes to how the country is thinking about the president. what does it mean that 30% of americans believe president obama is hiding something? we'll have a fair and balanced he debate coming up. and shocking new video that may have you thinking twice before you ride the subway again. cameras capturing a brutal attack against a woman just sitting and waiting for her train. now, serious questions how the police handled the hunt for the suspect coming up. [ male announcer ] here's a word that could give you peace of mind. unbiased. some brokerage firms are. but way too many aren't. some of the ones that push mutual funds with their names on them -- aren't. why? because selling their funds makes them more money. which makes you wonder -- isn't that a conflict? am i in the best fund for me, or them? search "proprietary mutual funds". yikes, it's best for them. then go to e-trade. we've got over 8,000 mutual funds and not one of them has our name on it.

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>> new developments in the story of the very unlucky lotto winner who died days after collecting his big

jackpot. and today investors are resuming the remains of 46-year-old urooj khan and finding out how he ingested a lethal dose of cyanide. his death set off allegations of murder, siblings taking aim at his wife, accusing her of trying to cash the check and she prepared his dinner and she didn't eat it herself. and the siblings are questioning whether the two were legally married and police have not yet officially named any suspects. and out of philadelphia, in one of the most horrifying pieces of surveillance video we've seen in a while. a woman is attacked, look at this, robbed, and then dragged on to the subway be tracks and dumped there. trace gallagher live from our los angeles bureau with the story that comes from the city of brotherly love. >> reporter: in chinatown,

that video is 20 seconds long. the woman was alone on the platform, sitting on a bench and a man walked up to her and asked her for a light and before she could even respond, he was on her with a vicious assault. and now see this, and sitting alone and walks up and grabs her, she kept saying, i don't have any money, i don't have any money and tried to kickback and he grabbed her ankles and throws her on to the tracks. and you can see that she actually gets up and climbs out the other side and he grabs her cell phone and then he leaves. >> the individual that walked away from the woman who he had thrown into the tracks, picked up her cell phone and strolled out of the station. but because he did not run, the cops got a very good look at the jacket he was wearing, which had the logo from donald

trump's tragaj mahal casino, an police didn't put out a description. here is why they held back. >> he had a very distinct jacket and it was so distinct that we were trying to keep the description of that jacket within law enforcement circles because it was our best lead. >> reporter: it was their best lead and then yesterday they spotted a man wearing the jacket and he also had the victim's cell phone on him, they arrested him even though by the way that train wasn't coming down the tracks. the third rail of the subway station is highly electrified and if you touch it you die. this could have been attempted murder with or without the train coming. the woman with bumps and bruises said she tried to fight back and awfully glad the suspect off the streets. >> megyn: she could be dead, you know? it's a horrible ordeal and she

has to be thanking her lucky stars she has her life. what's her condition? >> reporter: bumps and bruises, and he went after her neck and she tried to zip up her jacket and, hit her head when he threw her off the bench, but missed the third rail and able to get up on the other side and as we said, luckily, no train was coming. >> megyn: it's like you have to think, i hate to say it, especially as a woman by yourself, about whether you should sit there alone in, you know, in underground station with nobody else around. i mean, maybe if there had been somebody else she could have had an intervention by someone, i don't know, i'm not blaming her, but for women to think about it on a go-forward basis how to protect themselves against nut cases. trace, thank you. that's disturbing. just ahead, what does it mean that 30% of the country thinks that the president is hiding something. we'll debate the new poll that's raising serious questions when it comes to america's faith in our government and our leaders.

and a federal judge decides to hear a case that could have a big impact on the reality show "sister wives", we'll look at the battle over whether utah can legally ban polygamist marriages. >> and that's being decided. and terrorists holding american hostages are now demanding if we want to see the u.s. citizens again we need to release the blind cleric linked to the 1993 world trade center attack that killed six americans and wounded a thousand others. once again, the blind sheik is brought up by those who don't like america. we will ask colonel oliver north where this is coming from and where it's likely to go. go. >> distinguish the traits and police and fire department are still searching b-4, b-5, b-6 levels to see if anyone is still trapped. and the fire fibers are

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>> we're tracking new developments in the deadly flu outbreak across the nation. and c.d.c. releasing a new report showing widespread cases in 48 states, and increases from the week before. nine children died of the flu just last week. good gracious. 29 children have died so far, along with more than 100 seniors and others. we asked the doctors when they were on here, how are they dying?

what is it? and they mentioned things like pneumonia, things related to the flu, that take place and af g you've got to stay on top of it and catch it early. manufacturers increased flu vaccine and doctors say it's not too late to go and get a flu shot. >> i barak hussein obama do solemnly swear. >> that i'll execute the office of-- >> faithfully the office of president of the united states. >> the office of the president of the united states faithfully. >> that's so awkward. remember that? i was there, it was like, oh, this is happening. and i had to know, but i feel uncomfortable. and it was a little snafu by chief justice john roberts and then by president obama, who is understandably confused, during the the oath of office. chief justice, don't try to memorize it, just read it, no

one is going to hold it against you. they wound up had to do it again, redo, just in case the oath wasn't official and he wasn't really our president. they just want today make sure they crossed all the t's, interestingly enough they'll have to do the oath twice this time around because the president's term ends on sunday when inaugural ceremonies historically do not take place and can't have the pomp and circumstance, if you go by history. anyway having two. and the official ceremony on sunday and the one at the capitol and monday. he gets four swearing-ins. and we see an eye opening poll and more than a third of the country believes that the president might be hiding something about his background or early life? what does it say about our faith in government, not to mention the media.

clifton consulting and turker carlson. the daily caller, and oh, it's just the one thing that the chief justice had to do and poor barack obama, he was nervous, anyway, let's hope it goes better this time around. what does it mean, tucker? i mean, 30% of the country believes that barack obama-- 36 believes he's hiding something about his background and early life and it's not all republicans. >> right. >> megyn: and the amount of independents also believe that. >> the same poll showed 36% of democrat think that bush was part of the 9/11 conspiracy theory. it's a complicated world and people use the theories to explain it when they don't understand it. the real mystery is not where obama is from, who cares, it's the motives in doing the things he does, so he says obamacare would reduce health care cost, it doesn't. raising taxes on the rich would balance the budget, it didn't. banning rifles with certain cosmetic features will prevent

shootings, that's not true. and the real question is his motives and stated reasons don't make sense. people have a right to have answer and i don't know what it is. >> megyn: is it because he was born in kenya, a muslim, or the ability for like the bill clinton did, to break through and say i was born in hawaii. >> he is a different kind of president than we've ever seen. he's an african-american man, to start with. he's also a little bit more academic. he's one of those people that sort of internalizes and processes things before he comes out and states his policy. very different from president bush and clinton who were about nicknames and joked around a little bit, and more overt. and a man who has written two books about his life and vetted through two presidential campaigns and tucker working on campaigns, we go to great lengths to try

to dig up any dirt we can, so i think there's much dirt to be found, but i will say things like trump and donald trump and others who come forward and try to create questions, do create a buzz in the media which does impact public opinion. maybe we have a little other manti te'o scandal on our hands, a dead girlfriend and find out about-- >> there was a composite girlfriend in the biography-- >> and people have questions about background and early life and believe he's hiding information about the background and early life. how much to do, controversy whether he need today release his college transcript, know little about his college years and who are his friends and who he spent time with? should we not be so dismissive of the 36% of americans w have questions about that. >> my principal objection for the obama administration, the

policies they put forward and especially the gun control outlined the other day and it's interesting, to answer basic questions about his background, i'm not sure how relevant. it would change my view of his political ideas, which are wrong. but he deserves to be asked the questions and marjorie's point that he was vetted, but he was not vetted much by the press. the average person with the voting record in illinois as a state senator and the truth is most reporters felt in '08 and 2012 it was pretty important that this guy be elected president, a historic figure, good guy, one of us, academic and intellectual, they didn't do a deep dive on barack obama, very few hard-nose reporters in the campaigns, trust me, i was there. >> maybe not on the reporter side, but counter campaign side and they overturn any rock they can find to get dirt on him and given the birther movement and associated with that, there was a lot of accountability in the

campaign. look, mitt romney didn't want to release his tax records, why would a politician give more information than needed, and i would say, he likes to stand on his policy, i know you disagree with him. but i think, you know, is there something to hide? i think it's more about the unknown of people like us, and he is not like maybe that 30% of americans who think, you know, there may be something there, but, you know, it's. >> megyn: it's interesting tucker points out 25% believe that president bush had something to do with the 9/11 terrorist attack. >> right, exactly. >> megyn: is there a contingent in the country-- and some people believe that newtown, the newtown shootings were made up. >> and this is what, like what people magazine and keep, you know rehe alt tv. we've got to have some kind of intrigue in life or we get bored. >> megyn: go ahead, tucker. >> i think that's right. it's deeper than that. here is the tea party is actually right. most of the power of the country is concentrated in a relatively few number of hands and a complex system at that run the world and most people don't understand them and

frustrated by that and resort and sadly in my view to sometimes fantastical conspiracy theories to explain them. but a lot of different things, and we heard him call them raci racist due to the hurricane. and the poll was 1400 registered voters and i don't know whether that's a huge sample, but in any event we'll leave it at that. panel, thanks. >> thank you. >> megyn: lex next, lance armstrong comes clean on doping or has he. we have a human lie detector here. a former cia guy, he knows what he's doing and he has written a book "spy to lie" out for a while, but he can look at somebody and tell you whether they're lying and he's done it before. many times. successfully. we're going to show him the lance video and the manti te'o stuff and ask him who is lying. and we have a video lesson in

the brutality attack ads rolled out by anti-gun groups. what they did to the ad of one as a warning they better sign on to the gun rules. >> i'm john barro and long before i was born my grandfather used this smith & wesson here to help stop a lynching, for as long as i can remember, my father always had this rifle real handy, just to keep us safe. that's why i support the second amendment. [ male announcer ] alka-seltzer plus presents the cold truth.

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>> a massive winter storm leaving hundreds of people spending a cold night stranded in their cars more than ten hours and state troopers in alabama say several inches of snow triggered accidents backing up traffic for miles on the main route between nashville and going without food and bathrooms in the

very, very cold. after years of denials, lance armstrong has finally come clean to oprah winfrey or has he? the superstar one of the most recognizance recognizable names in sports, admitted to enhancing drugs throughout his career, every victory tainted, and saying he could not have won the seven titles without cheating, but how open and honest was he really? meet phil houston, a former cia officer and author of the book "spy the lies" and also ceo of tq-verity. he acts as a hume lie detector, it's not like "meet the parents" where you hold the pulse. you look at body language, listen to language and you can spot when someone is being evasive. and i mean, i can't go into the details about the number of cases he's done, but he

knows of what he speaks. so, we ask you to take a look at the lance armstrong interview as well as a little bit of manti te'o and we're going to start with lance armstrong's denial. phil says he knew long before lance ever talked to oprah that lance was lying and here is in part some of the untrue denials. >> we're sick and tired of these allegations and we're going to do everything we can to fight them. they're absolutely untrue. >> and-- i'm sorry for you, i'm sorry you don't believe in miracles. >> i was on my death bed, do you think i'm going to come back into the store, okay, doctor, give me everything you've got i want to go fast, no way, i'm never going to do that. >> what's the tell. >> and one you notice that they have a tendency to attack people. when people are backed into a corner and not telling the truth, what they often resort

to, impeach the credibility of the person who is either asking the questions or making the allegation, and lance unfortunately has a constant-- consistent history of doing that and the other behavior, the facts are not my alley and what might i say. convince mode, statements convincing, for example, geez, i was on my death bed, how could i or would i take a performance enhancing drugs and risk my health further. >> megyn: and i remember you telling me in connection with another case, listen for someone not to give you explicit denial, but to say something like that, why would i? what would be my motivation, look over here, look over here. >> exactly. >> megyn: let's get to the oprah interview, a few clips, first of all, she asked him whether, as so many people reported he was a bully, listen. >> were you a bully?

(laughter) yeah, yeah, i was a bully. >> megyn: what's at that tell you. >> a couple of things, if you notice the laugh at the beginning of the question, this is a very tough question, i think, for-- i suspect for lance because this was his m-o. he was, as i said just a moment ago to attack people and he -- he successfully sued people that were making allegations that were absolutely true and he knows that and so i think you saw a spike in his anxiety there with that laughter. >> megyn: you look for that. now i want to get to the next clip, too, where he's asked about a teammate who accused him of threatening to kick off-- to threatening to kick the teammate off the team, watch this. >> one of your former teammates, christian, told that you threatened to kick him off the team if he didn't shape up and conform to the doping program. >> huh, that's not true.

there was a -- a level of expectation we expected guys to be fit, to be strong, to perform, but i certainly didn't and again, i --. >> you didn't? >> i'm not the most believable guy in the world right now, i understand, but i did not do that. >> megyn: you say he's not the most believable guy. >> that's probably the only true statement that i would evaluate in that-- in his answer there. in this particular case, what's interesting to us who read behavior there's a significant cluster of behavior, and that's what we look for, we don't look for just one behavior. in this case we saw him begin his response with a laugh and then that led into a delay, where he appears to be crafting a more acceptable answer, so to speak, and then that led into the convincing statements and you know, where we have this level of expectation, so forth.

and then he punctuates of course with his statement, i'm not the most believable guy. >> megyn: would would he say that? >> we call truth in the lie. when people are lying, sometimes they say things because they know what the real facts are and so in his mind, if he's not telling the truth on this question, he knows it and without realizing it he's articulating it. >> megyn: fascinating. and now let's talk about the last one, he's talking about some woman, betsy and what he did and did not say along the lines of horrible things to betsy. >> i said listen, i called you crazy, i called you a bitch, i called you other things, but i never called you fat. this-- >> that's one of the things she said. >> she thought i said you were crazy-- i said listen, i never said you were fat. >> megyn: what's that about? >> yeah, this is had an interesting situation, betsy

levied serious allegations, and likes others he attacked her and what oprah was asking about a reconciliation phone call he says he made to her and whether, you know, how that goes, so to speak. and this is, what's interesting about this, it's not on this particular clip here, he declines to answer her, oprah's question, which is how did -- how did betsy take all of this, in other words, was she ready and willing to forgive and forgot and lance refuses to answer that question. >> megyn: a few seconds until the hard break, overall when you watch the interview, what's the impression. >> he didn't come clean. despite the no holds bar he had with oprah he didn't come clean. >> megyn: supposedly not going to let him compete in thi

triathlons again if he comes clean did he bully teammates. and when we come back, more on manti te'o the notre dame linebacker who may or may not have known about the fake girlfriend. that's next. allstate sends a check. ok. [ voice of dennis ] silence. are you in good hands? is the same frequent heartburn treatment as plosec otc. now with a fancy coating that gives you a burst of wildberry flavor. now why make a flavored heartburn pill? because this is america. and we don't just make things you want, we make things you didn't even know you wanted. like a spoon fork.

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>> back now with phil houston, and buy the lie. and qualifications. there's a case of manti te'o, a notre dame linebacker and the question is whether this guy, he had the story about his girlfriend and he who have had her and she died and he was devastated and then, the press covered it. there was no girlfriend. and now, notre dame and the linebacker are claiming he was a victim of a hoax by some cruel person online who invented the girlfriend and

many believe he was in on it and for what reason we don't know. one of the comments prior to it's coming out, this is a fraud, how he talks about the girlfriend. >> why me, why them, in with unone day, six hours i found out my grandmother passed away, you take the love of my life. there's a lot of questions and it's a very dark time. >> it's an interesting clip. if we discover that manti te'o, you know was aware of this hoax all along or even knowledgebly active about the hoax, we'll look back at this clip and one of the things that jump out the behavior we often see with deceptive people they will embed deception or a lie and wrap it around a nugget of truth. in this particular case, the nugget of truth would be the

death of his grandmother. >> megyn: which was real. >> which was real and when people hear that the tendency to associate everything around that and make it real. >> megyn: quick, one more clip on how he would fall asleep with her on the phone. >> when you have somebody that you talk to every single day, you sleep with on the phone because she's going through a lot of things and the only way she can sleep is knowing you're on the other side of the phone and do that every single night, every single night for the past four months and all of a sudden, it hits, silence, dead silence, really, eats at you and it's eating at me and it continues to eat at me, but you know-- >> it sounds suspiciously like those convincing statements that we were talking about, almost like a, a story, if you will, that someone needs to

spin a yarn around it and add some detail. and we can't say for certain. i don't think. >> megyn: the jury is still out. >> the jury is still out. haven't heard enough to value conclusively. >> megyn: further updates to follow. thank you for being here. >> appreciate it. >> megyn: coming up an update on the blind sheik and the hostage situation. ♪ ncer ] finally, mom's oven-baked tastes straight from the microwave. like oven-roasted chicken in a creamy alfredo sauce. marie callender's new comfort bakes. it's timto savor. marie callender's new comfort bakes. (announcer) at scottrade, our cexactly how they want.t with scottrade's online banking, i get one view of my bank and brokerage accounts with one login... to easily move my money when i need to. plus, when i call my local scottrade office,

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>> fox news alert. new reaction from the state department now to report that kidnappers want to exchange american hostages for convicted terrorists jailed here in the united states. welcome to a brand new hour of america live, i'm megyn kelly. the state department reacting to reports that the terror group holding hostages in the sahara desert want to trade for two islamic militants held in america, including this man, sheik abdel-rahman. he's held for his role in the

1993 world trade center bombing that killed six americans and wounded more than a thousand and the state department saying moments ago, no deal. national security correspondent, jennifer griffin is live at the pentagon with more. >> reporter: counterterrorism that we've spoken to, they have he' never seen a more hazy situation, difficult for the pentagon, state department and other agencies to follow this here in the u.s., to understand exactly what has happened in the last 72 hours at this bp facility in algeria. at first hostage takers say they had taken the hostages in response to algeria giving french over-flight rights to fly into mali. and now we hear they want to trade american hostages and we don't know how many they have for the person that you just referred to known as the blind sheik, omar abdel-rahman, who is at a high facility in

colorado where he's held for his role in the 1983 world trade center bombing. he was sentenced to life in prison and we hadn't heard about him until the egyptian president morsi was elected and he said he would ask the state department for the blind sheik's release and there were protesters at the u.s. embassy in egypt calling for his release as well around the time of 9/11. >> very, very-- don't know really, what's happening, so (inaudible) some colleagues at the moment very relieved. >> what do you think about.... >> fantastic never been so

relieved as when they came and got us out safe. so then we thanked them very much for that. >> megyn: a picture is beginning to emerge from the hostages who have been released and moved from the bp facility. yesterday evening algerian government announced that the hostage incident was over and hours later it became clear that the crisis had moved to another part of the bp complex, we're told. one thing for sure, the hostages themselves feel the actions of the algerian military saved their lives. meanwhile, fox news learned from a senior defense official that an american c-130 plane carrying evacuees has left algeria and headed to the air base in italy. a senior air defense official tells that the u.s. military will provide aircraft and begin airlifting french troops into mali been the next few days, possibly as soon as monday, megyn. >> megyn: wow, all right. jennifer. thank you. for more this hour we're joined by colonel oliver north, a military analyst.

what a situation, now as she points out even officials on our side said it's very hazy, never something so hazy, as we know from the latest reports, they took about 132 hostages and about a hundred have been released and others are held including americans and now, they want to deal. your thoughts? >> well, first of all, there's not going to be a deal. almost all hostage situations there's going to be some kind of offer of an exchange, except in cases like danny pearl where they simply want to kill, in this case an american jew. one of the things i think this ought to serve to do is wake us up to the lie that we've been told ever since last may that al-qaeda is on the run. we've heard it countless times and probably going to hear it during the inaugural and seen it in movies from hollywood. the bottom line of it is, al-qaeda is osimply one of many radical terrorist organizations you see it in mali and subsaharan africa

quickly becoming the next big battle ground outside of the middle east. and the chaos in syria is quite frankly, an inability on the part of this administration is to see who the real enemy is and our ability to respond to any of it is reduced by the cuts we're making in our defense posture. one last point about what's going on in algeria. the algerians have been through this before and goes all the way back to the 1990's, some may remember, as i do, the kidnap of french priests, who were eventually murdered because the french would not accommodate their demands. if you look hat what we don't have in the mediterranean right now, we have no carrier battle group, even though the law requires us to have 11 we only have 9. navy officials told me just a short while ago, the nearest amphibious with the unit aboard is off the east coast of africa. and therefore reduced ability to respond and we were told

after benghazi that things were going to get better. they haven't. >> megyn: on the subject of benghazi, kt mcfarland was on our air earlier suggesting, as she had prior to this happening, that some terrorists in the world might feel emboldened by what they perceived as a lack of response to the murder of our ambassador, chris stevens and three others on 9/11, no one has been killed, one person captured and arrested and now released. there's been no accountability for the terrorist who committed that act. whether they're related. >> and mueller has been on the ground, what's been learned and found in the investigation. bottom line of all of this, and megyn, i think it's a very serious problem. we don't know much about what's really happening around the world. we have very little human intelligence. one last thing to worry about. hugo chavez is on his death bed in cuba and his latest wife and some children flown

there and his successor is in place. and what happens in the midst of the inaugural ceremonies something terrible happens to the embassy in caracas? who are you going to call? >> we're going to cut them more and the sequester in a couple of months and that's on the chopping block, the money for the defense department. and i want to ask you about the c-130 plane, what role if any do you see for the united states military going in there and trying to rescue the american hostages? >> our capabilities to do so is very limited. the reality of it is, without the permission of local governments, we can't do much at all. and again, when the administration announces all the way back in 2009 we're going to lead from behind and we demonstrate in libya and gaddafi and demonstrated with syria and the americans have withdrawn from the scene. there are units capable of

doing those things, but you need some kind of acquiescence from the host nation and obviously the algerians are not going to do that. >> do you think there's any thoughts of the fact they have americans, all due respect from our friends in france, you take an american hostage, we've got the greatest military in the world right now, do you think it's givspecil consideration? >> i think we're going to see a lot more of this. and what you see occurring in subsaharan africa, they may not be a monolith, but they've learned from the play book, in the case of the american people, we don't like to see our citizens taken hostage and we went through the ordeal of 444 days with what occurred in 1979. no one's ever forgotten that if you're hold enough to remember it and they know that and they've studied that and look at what america's

response is under this administration and they say we can get away with it. >> megyn: oliver north, thank you, sir. >> my pleasure, megyn. >> megyn: well, the same week president obama laid out some of the most gun support in decades. some are holding national gun appreciation day. the same week. >> the organizers are hoping to get millions and millions of people involved in this and asking people to go down to gun stores and gun ranges and gun shows and bring with them a copy of the constitution, as well as the american flag. the goal of course is to quote, here, send a loud and clear message to congress and the president. the rally is being sponsored by many, many right to bear arms organizations, but the n.r.a. is not among them. of course n.r.a. has come out and criticized the president's legislative proposals as well

as the executive action. six of those 23 executive actions deal with mental health screening, to which gun appreciation day organizers said and i'm quoting here, we do not live in the world of minority report. there is no free crime. we must not infringe on american's constitutional rights because they seek therapy and counseling and how many patients will avoid the mental health care system in gear they will lose their civil and natural rights and be registered and stigmatized as crazy? critics are questioning the timing of gun appreciation day, days before the inauguration, and martin luther king day, and meanwhile, parents against gun violence, organized a counter rally and they're calling it child appreciation day asking people to donate their time, megyn, to various children's organizations throughout the country. >> megyn: all right. trace, thanks. we also have a video lesson in the hard hitting and possibly

deceptive ad tactics, rolled out by one group. and we'll show what they did as a warning to build new support for president obama's proposed new gun rules. plus, one popular fashion magazine is being accused of turning profit off of tragedy after featuring a photo spread with models in the ruins of communities devastated by super storm sandy. we'll show you the photos and let you decide whether this was appropriate. and new fallout on the star linebacker at notre dame caught up in a hoax involving a fake girlfriend, one the media embraced and ran with and loved, despite the fact that it was all a lie. why didn't they know? why didn't they dig? was he in on it? bernie goldberg takes us through the story behind the hoax, now the media may or may not have played a role and the real lesson behind it all. >> the thing i am most sad of--

sad about is... sorry. that the single most trusting human being i've ever met will never be able to trust in the same way again. one thing you can depend on is that these will come together. delicious and wholesome. some combinations were just meant to be. tomato soup from campbell's. it's amazing what soup can do.

>> if he is a victim of these, i guess, tricksters, but i believe he did overplay the situation in the media and that's coming back to bite him a bit. >> we know she's about to die of cancer, she says don't come-- if you need to play a game, but he doesn't visit her at all? i mean, what kind of love is that? >> well, that's reaction coming in as more notre dame fans react to the bizarre hoax involving star football player manti te'o and a girlfriend that never existed.

notre dame maintains that manti te'o was duped by someone online with a woman who never exist. what role the media plays and what did notre dame itself know or not know about the scandal. joining me now is bernie goldberg. boy, did we want to hear from you, let's start with the obvious, do you blame the media at all for this? >> yeah, that's an important question. first, first let me say that i think lance armstrong is behind this whole thing. (laughter) he came up with this story to get himself off of the front page. >> megyn: right. >> but look, let's look at this. a lot of the mainstream media bought the story. but what were they supposed to do? here is a guy, a football player on the short list of the heisman, says he has a girlfriend. no suspicion there, he says she's sick. we feel terribly sorry for

her. and journalists love a sappy story, really sick, she has leukemia, and then she dies, are the journalists supposed to go up to him and go, give me a death certificate, i want to see that she's dead. i don't have a problem up until that point. but then after she's dead and there are no stories in any local paper, no obituaries, nothing about friends mourning the loss of their dear friend. yeah, at that point, journalists should have been suspicio suspicious, here is why they weren't. because journalists will buy into stories when the person telling the story is someone they like and that's what happened here. and in this case, megyn, to be honest with you, i don't think it's a big deal. a make believe girl doesn't effect the real world. what happens when it's

something involving government. what happens when it's coming out of washington and journalists like the person telling the story so they buy into the story and i can give you one real good example if you have 15 more seconds. >> megyn: yeah. >> okay, one example. i won't ask you which is harder to believe because you're an objective journalist, but ask the people watching us. which is harder to believe, that a 22-year-old kid fell in love with a make believe girlfriend, who somebody who doesn't exist, didn't die of anything, is that harder to believe than barack obama sitting in the pew of the reverend wright for 20 years and never once, never once hearing the vile anti-american stuff that we all heard on those tapes? now, i'm willing to accept that they're both telling the truth. i'm willing to accept that, but which is harder to believe? for me it's harder to believe that barack obama sat in at that pew for 20 years and didn't hear any of this vile

stuff than a 22-year-old kid fell in somebody he never met as crazy as that is, and that's the danger that journalists believe stuff that they should be more skeptical about. >> megyn: now they will be. i mean, in their defense in the manti te'o case, you know, there wasn't some long history of, i guess, players laying about girlfriend and we better check that out. now they'll have to. >> well, there's an old saying and it was a title of a book "trust your mother, but cut the cards" and i think that applies, because you have to be more suspicious of things than you normally would be because something like this is going to pop up every now and then, and it makes all of these mainstream journal i-s look a little silly. isn't it interesting, by the way, that espn, sports illustrated, all the big newspapers, none of them uncovered the truth of this. it was a website, deadspin, that often, not always, but

often deals with salacious sex related stories that did the real journalism here. that's something that ought to trouble a lot of us, also. >> megyn: last question. we don't know whether manti te'o was in on this or not, but i'm wondering your thoughts, if he had something to do with it, i mean, there something about sports that leads people to go to some fantasy world, whether it's lance armstrong cheating or possibly, we don't know, this guy inventing a fake girlfriend, who knows why, if the facts come out that he did it. your thoughts as not just a media expert, but a sports expert. >> that's a good question, i don't have a good answer. i don't think there's something in the world of sports that makes people do something. if he was in on it from the beginning and frankly, i don't think he was, i think at some point he knew and kept it going, but if he was in -- if he didn't know, if he was totally, totally hoaxed, he's just -- he's just the most

naive guy to walk the planet, isn't he. >> megyn: i don't know, i feel like men are being harder on him than women are. >> well, you know what? maybe this is a generational thing, but the idea that somebody could fall in love and have a deep devotional relationship as he described it, with somebody he never ever met in person, is astounding to me. it's astounding. it's like, are you kidding? but i'll betcha that are people out there in their 20's who say, no, i'd have a boyfriend who i met online and i never really met him yet. so, stuff that sounds crazy to me may not sound crazy to everybody, i'm willing to accept that. >> megyn: well, i think in this case, the truth is knowable and it will come out and there's some comfort to me in that. we'll he see, bernie always great to get your take on things. thanks for being here. >> thanks, megyn.

>> megyn: up next, a popular fashion magazine accused of turning profits off tragedy. we'll show you what vogue did that infuriated some of the residents affected by super storm sandy and tactics one gun group against a democratic lawmaker. [ woman ] if you have the audacity to believe your financial advisor should focus on your long-term goals, not their short-term agenda. [ woman ] if you have the nerve to believe that cookie cutters should be for cookies, not your investment strategy. if you believe in the sheer brilliance of a simple explanation. [ male announcer ] join the nearly 7 million investors who think like you do: face time and think time make a difference. join us. [ male announcer ] at edward jones, it's how we make sense of investing. i have the flu... i took theraflu, but i still have this cough.

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>> police in upstate new york say two handguns were stolen from a home after thieves broke into two safes, stealing cash and jewelry and making off with a third safe that contained the guns. a story like this doesn't normally get national attention, but the home was listed on that controversial map published by a local paper, "the journal news", remember this they posted online the addresses and the names of all legal gun permit

holders in two counties just north of new york city. and this home was in one of those counties. police say there's no evidence that the break-in is tied to the controversial maps, but the burglary does come less than a week after another home on that same map was broken into. vogue magazine is coming underfire for what critics say is a tasteless attempt to profit from tragedy. at the center of the controversy, models are wearing designer gowns and posing with first responders amid the rubble left by superstorm sandy. trace. >> reporter: and for a theme shoot and the bp oil spill shoot and they had models covered in oil and this is stormtroopers, and it was supposed to draw attention to t

the, this is was shot by annie lebowitz and models strutting around with first responders and criticized for be being inappropriate. maybe instead of putting in models in $3,000 gowns, why not glam up the first responders or nurses who save children's lives and leave out the captions at the bottom of the pictures that said things like, oscar de la renta double duchess satin dress. this picture is going to have you worried. this was models on a coast guard boat, three of them. well, i'm going to put your fears to rest right now. list listen. >> just to be clear, those models are despite the way it might look they're not in imminent danger, they were shot as the boat docked up next to the shore. no danger, they were safe. and new york firefighters said they're fine with this, and totally fine and really put a

lot of attention on people who did very good work, and as far as vogue is concerned, they raised almost 2 million dollars, megyn, for hurricane sandy relief, so, some are saying, look, maybe they earned the right to do this. nobody seems to complain except people who are looking actually at these pictures. >> megyn: wow, interesting story. all right, trace, thank you. >> reporter: okay. >> megyn: a democratic congressman for georgia decided to run for reelection as a second amendment supporter and he won. look how they decided to reedit his ad. we'll show you both after the break. >> a federal judge decides a case that could have a big impact on a reality show that celebrates polygamy. is this now about to be legal polygamy in the state of utah? kelly's court brings you the updates. ♪ we are family ♪ i've got all my sisters with me ♪ ♪ we are family get up

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>> former new orleans mayor ray nagin indicted on 21 corruption charges, including wire fraud, bribery and money laundering, charges stem from a city hall corruption investigation that resulted in guilty pleas by two former new orleans officials. mr. neagle led new orleans through hurricane katrina and gained attention for his

colorful remarks and left office back in 2010. as the gun debate ranks rages on in washington, a look how one anti-gun group is hoping to win support in congress. our story starts with georgia congressman john barrow, a democrat from georgia, and part of his reelection message was for his support of the second amendment. here is one of his tv ads. >> i'm john barro and long before i was born, my grandfather used this little smith & wesson here to help stop a lynching. and for as long as i can remember, my father always had this rifle real handy, just in keep us safe. that's why i support the second amendment. and that's why i'm proud to be endorsed by the n.r.a. i approved this message because these are my guns now and ain't nobody going to take them away. >> megyn: check out just put out by the coalition to stop gun violence released

on wednesday. and how they used some very selective editing to reshape the message from john barrow. >> i'm john barrow. >> breaks news now, there's been a shooting at a school. >> long before i was born. >> 20 children. >> children. >> children targeted. >> my grandfather used this little smith & wesson here. >> beautiful little kids between the ages and five and ten years old. >> for as long as i can remember, my father always had this rifle real handy. >> someone is shooting in the building. >> he came in we're told with at least three weapons. >> multiple weapons, and begin a massacre. >> and that's why i'm proud to be endorsed by the n.r.a. >> our founding fathers understood that the guys with the guns makes the rules. >> i approve these messages because these are my guns now and ain't nobody going to take them away. >> megyn: wow. joining me now to discuss it, mark hanna, former aide to john kerry and president barack obama's campaigns and

tony, from talk radio news service, tony? >> wow, i actually also make tv ads for a living, megyn and obviously, sometimes you do take creative license, but in that particular ad two things bothered me he the most the images of sandy hook, we know what we felt, every american with a heartbeat. and anti-gun groups really are now trying to guilt people into a position, and how much do you restrict and limit the second amendment. and number two the words they omitted and music added to the background. he said my grandfather had a gun to stop a lynching and my father had this rifle to protect our family. and creates an impression he's he a cowboy who misuses or abuses rather, his second amendment right and it's irresponsible and troubling this is the tempo for the

debate. if you rightfully own a gun and believe in the second amendment you somehow are complicit or nefarious person and complicit with the sandy hook massacre. >> megyn: mark? >> nobody cares why john barrow's grandfather had the smith & wesson. nobody is trying to take it. and we're looking at guns not protected by the second amendment. these are like assault weapons-- the major point of confusion here, people think that the second amendment protects their right to bear arms. what defines, what is arms, does it include bazookas, of. >> megyn: clearly not all arms. >> and advocacy don't think it includes arms 30 clips in a magazine that can put 11 bullets in a second grader. these guns that this campaign is advocating against are guns that belong on the battlefield, they belong in the hands of our soldiers, not in our citizen's hands, not in schools and i don't think any

reasonable person would disagree with that. i don't think this is a democrat or republican issue, it doesn't matter that barrow is a democrat. >> megyn: they clearly don't care this is a democrat. because this is a democratic collation. >> they don't care. >> megyn: this is a left-leaning coalition, comprised of 48 member organizations including the liberal lobby, americans for democratic action, pro obama labor union, federation of teachers, national urban leagues. this is blue on blue, this ad. >> and what it does is debunk the liberal kinard, that unions are for the-- >> 20% of senate democrats are either have an a or b rating from the n.r.a., including harry reid. you have seven-- >> that's what they're trying to get at right now. the president obama right now for president obama he can't get the senate democrats to sign on to his legislation and groups that support president obama's gun control push are putting out ads like this on democrats. >> and shows you the president having a moment to unify the country after a horrific tragedy and you and i have

talked about it in the past, in an effective way people are at the table saying comprehensive reform and let's discuss all things that will make our children and society safer and the president comes up with a plan not even members of his own party can support. i don't think that's the kinds of divisive leadership-- >> tony, you say members of his own party don't support this. the vast majority of members do. yes, are there democrats beholden to the gun lobby. >> megyn: let him finish. >> there are a ton of democrats, not a ton, but small set of democrats beholden to the influence of the gun lobby and that's why the the groups think the n.r.a. is nefarious as it is, it's taking-- most of the n.r.a.'s members don't agree with them when it comes to common sense gun legislation. so i think the issue here, where is the mainstream of america? and you mentioned evocative images of sandy hook, it's important that we remember the images and important that every member-- it's important that every person in our society remembers the way they felt, what they thought on that day and if this ad is powerful in making those memories, conjuring up the memories

again, that's not a bad thing. >> megyn, the white house has not made the claim that any of the these 23 executive orders what the president or joe biden have, would have stopped sandy hook. to claim this this could have stopped sandy hook, it's disturbing and misleading. and rahm emanuel now mayor of chicago, former chief of staff of the president, when he was chairman of the democratic national campaign committee had a strategy to recruit pro gun democrats to retake the house and guess what, they were successful. the president had a policy the first term not to touch the issue of gun control. and they're making conclusions that i think majority of americans don't agree with them. >> megyn: let's talk about the implications of the ad, it makes it like like john barrow is in favor of another shooter like lanza to shoot up a

school. is it fair of them, an ad by a pro gun democratic politician, why didn't they use an image of the shooter? stick to the event if you want to remind us of newtown, not a democratic politician that-- >> the reason why the ad he put out is offensive to democrats, he's not saying it's supporting the second amendment, it politicizes almost fetishizing the guns and see it holding it as if it's a badge of courage and what it is, cowardess, cowardess bowing before the gun lobby. >> megyn: maybe he genuinely loves the guns. we've been talking about it with chris stirewalt, he's from west virginia, he says there's a difference how we city-folk see guns and up in the urban centers and used against us, and how, you know, sort of mainstream american and heartlands sees guns, it's

a family heirloom and passed down and i don't see it-- >> and-- but okay, the response to that nobody again is trying to take away his traditional, you know, hunting rifle when this shooter in newtown went to steal his mother's guns she had two traditional hunting rifles, no he got the two semi automatic guns and pistols, legally purchased because of the lobbying effort and culture of gun acceptance. >> megyn: semi automatic pistols aren't going anywhere. >> okay, assault weapons, assault weapons that rattle off 30 rounds without having to reload. >> megyn: that's on the table. >> if you're a gun owner. >> megyn: that's on the table. >> i don't care if it's inconvenient for you to have to go when you're taking target practice to put in a new cartridge or clip. >> megyn: one more point and i'll give you the floor. the gun rights people have been talking about, just the most recent example because it helps people who aren't in this world to understand the woman who had a home intruder

come in and hid her kids in the crawl space, called her husband, called 911 the guy found them in the crawl space and he opens the door,fires six shots, hits him with five and he's coming at her, leaves, drives the car, still standing and saying, that's what they say, that's why they need more than just like a seven bullet magazine, they need, that's why they say they want more, but there's a debate on that. >> the reality many states have limits. >> megyn: new york has seven. >> and some are ten. >> megyn: barack obama wants ten. >> and connecticut, i think the fourth strictest gun law in the country. >> megyn: and now in connecticut proposing one bullet. that might not be so effective for a woman in the crawl space, but go ahead. >> i totally agree with you. the issue, barack obama had two years in his first term of total control of his congress and never touched the gun issue because he knew that it is now becoming a lot more acceptable to protect the second amendment even among democrats. you see that, in heidi

hidecamp the democrat in north dakota and the senator from alaska, max baucus from montana, pryor from arkansas. >> harry reid pro gun or close to it. >> and he's been tepid how he responded. >> and public opinion is swinging back now and we'll see whether that staunch support of the gun, you know, lobby is going to continue. >> but public opinion didn't pass the president when he ran through health care and a lot of people were against that. and take the polls in the wake after tragedy that compels all of us at the table to be open minded about reform and look at the polls, most recent gallup, only 40% say that gun control is a top issue and among those who do, not a majority of assault weapons ban. they want safety in the schools, addressing violence in the culture through media and not knee jerk reaction.

>> megyn: a hard break coming up quickly. >> gun control is a top issue to the parents of the victims in newtown and parents of victims of gun violence everywhere, that's why ronald reagan was on the side of assault weapons ban and-- >> and-- >> thank you, coming up, sister wives and could polygamy soon be legal? ♪ ♪ [ male announcer ] you don't have to be a golf pro to walk like one. ♪ when you walk 10,000 steps a day, it's t same as walking professional golf course. humana. health and well-being partner of the pga tour.

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>> kelly's court is back in session on the docket today, a federal judge hearing a case that could have a major impact in the world of the reality show, sister wives and beyond. whether a polygamy ban in utah is legal. cody brown and his four wives are suing claiming that law in utah is unconstitutional. the family left utah for las vegas earlier last year, saying state authorities threatened prosecution after their hit tv series debuted. it follows the lives of cody, four women in their life and their 17 children and they have said that they wanted to do the show to make people more aware of their life style.

here is a clip. >> fell in love and then i fell in love and then i fell in love again. >> this is cody's 13th child. >> she was sister from the same mister and a brother from another mother. >> and some people think how do you feel when he's off with another woman and you know they're having sex. >> well, gosh darn it, they better. >> megyn: okay. and joining me now is jonna spilbor, a former prosecutor and now defense attorney, mark eiglarsh, same pedigree. >> yes. >> megyn: they now have a hearing in federal court. jonathan churly, a well-known lawyer is representing them, the polygamist family arguing what, exactly, jonna. >> a couple of things, number one, he's stating that the polygamy statute is it overbroad, not only does it prohibit multiple marriage licenses in utah, it prohibits you from living with multiple partners or claiming that you're married to people when you're not married to them and that makes it overbroad. >> megyn: you can't purport to be married to multiple

partners. >> exactly. and basically violates our, people's rights to freely associate with whom ever they want to associate and those are the two main arguments. list listen, this is not my cup of tea, but this has legs. >> megyn: a lot of of them. >> and unfortunately the argument is not going to work. the supreme court decision out of utah in 2004 makes it okay to say this is unlawful, as long as it's rationally related to a legitimate government interest. that interest is to protect children. girls as young as 13, not in the brown family, but in other relationships over the last hundred years, have been forced into marriage. boys are literally kicked out into the street because they are competition to the older men seeking multiple brides and recent study that i read, teenage girls suffer greater

depression than girls from other relationships, m monogamous relationships. >> megyn: but why this is justified, sound bite number two from the first set of sound, control room, of the women and cody talking about they think the country has evolved to the place they think we can take this. >> i don't think that anything that's ever been worth achieving has not come without some adversary and without some struggle. >> without some risk. >> without some risk it just really hasn't. i mean, everything that we have gone through in our nation, whether it be rights for women, rights for gays, all of these things that made our nation what it is, goes, all came with struggle and have shaped who we are as a nation and as a people. >> megyn: jonna. >> you know, i think there's the -- the argument is analogous adultery, adultery

is illegal in 22 states, should it be? nobody enforces the adultery statute, and what is it the difference between that and polygamy? >> we'll leave that question hanging in the air until after this break and hear more from cody's family and mark and jonna, a couple of minutes, stay with us. otine grams of p. that's three times more than me! [ female announcer ] ensure clear. nine grams protein. zero fat. in blueberry/pomegranate and peach. i'm up next, but now i'm sging the heartburn blues. hold on, prilosec isn't for fast relief. cue up alka-seltzer. it stops heartburn fast. ♪ oh what a relief it is! olaf gets great rewards for his small business! pizza! [ garth ] olaf's small busins earns 2% cash back on every purchase, ery day! helium delivery. put it on my spark card! [ pop! ] [ garth ] why settle for less?

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>> we'll take another look at the clip from the show "sister wives" and discuss it. listen here. >> and instead of saying, hey, this is us, we're naked. >> and the line, we're polygamist, not the polygamist you think you know, and that's what we set out to do. we wanted to show that there are a lot of misconceptions about who we are. >> a-ha. >> a lot of misconceptions and mark and jonna, their lawyer

argued the thing about the exile of young boys is a myth and ar gouge for morality. arguing for the right to be left alone. >> this isn't about the browns, assuminassuming, and i t in quotations, and assuming it's real, and most are not real, ie keeping up with the kevorkians-- (laughter) . and jeff's camp that was not real? there weren't kids emotionally and sexually abused? that's the legitimate thing that the government can hang their hat on. and by the way, we've come a long way since polygamy was punishable by death in england and wales. >> megyn: what if the browns lead a life that does not-- preventing those situations

elsewhere. >> and what may have happened a hundred years ago, boys were put in exile and little girls were forced to marry 13. their point is i'm going to use an oxymoron, that doesn't happen in a normal polygamy family. of course in a situation like jeffers, that's out the window. you can enforce that separately and you can't enslave people whether you're married to a million women or not. >> megyn: a quick answer, mark, if it court rules in favor of the browns, what does it mean, is polygamy then legal in utah, you can do it? >> i think it's going to go up on appeal. you would think-- let's see the supreme court, i think it's going to run right up the appellate court, no question. >> megyn: this will be interesting to watch. the judge did not indicate when he would rule so we'll sit and we will wait and keep watching "sister wives" those of us who do, mark.

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